BALU ALIAS BAKTHVATCHALU Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) LEAVE granted.

(2.) APPELLANT was prosecuted for commission of an offence under Section 302 of the India Penal Code. The occurrence took place on 20th April, 1998. He was arrested on the charge of murder of one Ramu Maistry on 8th May, 1998. Upon completion of investigation a charge sheet was filed against him on 30th November, 1998. The learned trial court delivered a judgment on 28th April, 2000. In the said judgment his age was shown to be '18'. An application was filed for sending him to Borstal School in terms of Section 10-A of the Tamil Nadu Borstal Schools Act, which was refused. An appeal preferred by the appellant before the High Court has been dismissed by reason of the impugned judgment. This Court issued a limited notice as to whether the appellant was a juvenile on the date of occurrence of the incident.

(3.) THE Parliament, however, enacted, the Juvenile Justice (Care and protection of Children) Act, 2000. It came into force with effect from 1st april, 2001.